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HomeMy WebLinkAbout02-25-85 Council Meeting MinutesREGULAR MEETING FEBRUARY 25, 1985 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, February 25, 1984, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the February 11, 1984, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Taylor made a motion that the minutes of the February 11,1985, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Puzzello made a motion to file a new resolution on the percentage credit allowed for homesteads, seconded by Council Member Taylor. Council President Beck read the resolution. The motion carried. REPORTS Council Member Serge indicated that the Park Committee had met on Bill No. 8 -85, and recommended it favorable. He indicated that the appropriation would be decreased to $20,000. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill No. 7 -85 and recommended it favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Braboy. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on February 25, at 7:15 p.m., with nine members present. Chairman Serge presiding. BILL NO. 7 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PUBLIC RIGHT -OF -WAY RUNNING FROM E. LASALLE STREET NORTH AND NORTHEAST TO THE EAST RACE WATERWAY AND ADJACENT TO LOTS 12 THROUGH 22 OF MILLER AND GREEN'S SECOND ADDITION AND THE WEST LEG OF THE OLD EAST RACE, AND COMMONLY KNOWN AS HYDRAULIC AVENUE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ann Kolata, Assistant Director of Redevelopment, made the presentation for the bill. She indicated that the purpose of this street vacation is to assemble the adjacent property into a. single parcel of land which could be developed. She indicated that Redevelopment owns all adjacent property. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 8 -85 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $40,000.00 FROM THE GENERAL PARK FUND TO THE PARK MAINTENANCE FUND .01 TO BE USED TO SUPPLEMENT THE 1985 PARK MAINTENANCE BUDGET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentation for the bill. He asked that the bill be amended by decreasing the appropriation to $20,000. Council Member Crone made a motion to amend, seconded by Council Member Puzzello. The motion carried. He indicated they planned to fence the entire length of the East Race to protect persons from falling into the Race. He indicated they had a balance left in the 1984 budget which could REGULAR MEETING FEBRUARY 25, 1985 be used to finance the costs of erecting the fence. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Crone. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Crone. The motion carried. ATTEST: ATTEST: City Clerk �hairmUn REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:20 Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7433 -85 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PUBLIC RIGHT -OF -WAY RUNNING FROM E. LASALLE STREET NORTH AND NORTHEAST TO THE EAST RACE WATERWAY AND ADJACENT TO LOTS 12 THROUGH 22 OF MILLER AND GREEN'S SECOND ADDITION AND THE WEST LEG OF THE OLD EAST RACE, AND COMMONLY KNOWN AS HYDRAULIC AVENUE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7434 -85 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $20,000.00 FROM THE GENERAL PARK FUND TO THE PARK MAINTENANCE FUND .01 TO BE USED TO SUPPLEMENT THE 1985 PARK MAINTENANCE BUDGET. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Braboy. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1261 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 326 W. SOUTH (UNION STATION) TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 326 W. South (Union Station) and more particularly described by a line drawn as follows: Beginning at the point of intersection of the south line of South Street and the west line of South Lafayette Street; thence south along the west line of Lafayette Street; said line having an assumed bearing of S 02' 40" E, a distance of 109.43 feet to the face of a concrete retaining wall for the Penn Central Railroad right -of -way; thence N 86 23' 34" W, along the face of said retaining wall, a distance of 420.92 feet; thence N 00 00' 00" E, a distance of 82.95 feet to the south line of South Street; thence N 90 00' 00" E, a distance of 42.00 feet to the point of beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1 Ll LJ 1 r REGULAR MEETING FEBRUARY 25, 1985 SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Mark Phillophoff, attorney, indicated he represented the petitioner, Kevin Smith. He indicated this was a reaffirmation of a previously passed resolution. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1262 -85 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO AN APPLICATION BY MURPHY MOTOR FREIGHT LINES, INC., FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the city of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, Murphy Motor Freight Lines, Inc., a Minnesota corporation ( "Murphy ") doing business in the City, proposes to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Murphy for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of Two Million and no /100 Dollars ($2,000,000.00) with terms of repayment to be determined by the market rates at the time the bonds are sold the proceeds of the bonds will be used to make improvements to real estate and acquire equipment at Murphy's freight terminal facility located at 1503 South Olive Street, in the City of South Bend, Indiana, resulting in fifty (50) to sixty (60) full -time new jobs added to Murphy's payroll with an increase in its annual payroll of approximately $2,000,000 to $2,500,000. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Two Million and no /100 Dollars ($2,000,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated this $2,000,000 bond issue would be used to construct improvements to the existing facility, as well as purchase certain equipment. He indicated they anticipated 50 to 60 new jobs would be created. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING 6 RESOLUTION NO. 1263 -85 FEBRUARY 25, 1985 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO AN APPLICATION BY INLAND DISTRIBUTING CORPORATION FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. WHEREAS, at the preent time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the city of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, Inland Distributing Corporation, an Indiana corporation ( "Murphy ") doing business in the City, proposes to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Inland for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of Eight Hundred and Fifty Thousand ($850,000.00) with terms of repayment at a rate of interest not to exceed ten (10 %) percent, and to be amortized over a period not to exceed fifteen (15) years. The proceeds of the bonds will be used to acquire, remodel, expand and equip manufacturing and office facilities for use by Inland Distributing Corporation, located at 1145 Prairie Avenue, South Bend, Indiana, resulting in approximately five (5) new full time jobs added to Inland's payroll with an increase in its annual payroll of approximately One Hundred Thousand ($100,000.00) Dollars. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Eight Hundred and Fifty Thousand ($850,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission indicated this $850,000 bond issue would be used to acquire, remodel, expand and equip manufacturing and office facilities located at 1145 Prairie. He indicated five new full -time jobs will be created. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1264 -85 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, it is necessary to provide funds for the Corporation Genera, Park Maintenance, Police Pension, Fire Pension, and Century Center Board of Managers Operating funds prior to the receipt of taxes in the year 1985 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1985; and WHEREAS, there are monies on deposit to the credit of various funds of the City, to wit: Cumulative Sewer Building and Sinking, Sewage Works Sinking, Sewage Works Depreciation, Sewage Works Insurance Fund, Water Works Depreciation, Cumulative Capital Improvement, Sewers Repair, and Liability Insurance and Premium Reserve Funds which can be temporarily advanced or transferred to the various funds already mentioned; and �1 1 1 P 1 REGULAR MEETING FEBRUARY 25, 1985 WHEREAS, Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA; SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $5,185,000.00 to various funds from various funds as listed below. The aggregate amount of $5,185,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1985. FROM; MAXIMUM Cumulative Sewer Building & Sinking Fund 1,000,000 TO; MAXIMUM Corporation General 4,000,000 Sewage Works Sinking Fund 850,000 Park Maintenance Fund 685,000 Sewage Works Depreciation Fund 360,000 Police Pension Fund 100,000 Sewage Works Operating Fund 1,200,000 Sewage Works Insurance Fund 100,000 Water Works Depreciation Fund 250,000 Fire Pension 200,000 Cumulative Capital Improve- ment Fund 100,000 Sewer Repair Fund 125,000 Century Center Board of Managers Operating Fund 200,000 Liability Insurance Premium 1,200,000 $5,185,000 $5,185,000 SECTION II. Such transfer shall be made for a period of time not to extend beyond December 31, 1985 and such funds so transferred shall be returned and repaid to the original funds from which they were transferred. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Michael Vance, Controller, indicated this resolution authorizes temporary transfer of idle funds between designated funds within the City of South Bend. He indicated this allows the City to internally fund its deficits and therefore not have to issue tax anticipation notes or borrow funds within the community. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1265 -85 A RESOLUTION AUTHORIZING THE CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1985 IN ACCORDANCE WITH IC 5- 13 -1 -1, ET SEQ., AND ALSO AUTHORIZING THE CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS. WHEREAS, there are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operating of the various departments of the City; and WHEREAS, IC 5- 13 -1 -1, et seq., enables the controller, or his designee, to invest such idle funds with the approval of the Common Council. WHEREAS, IC 5- 13 -1 -1, et seq., authorizes the transaction of City business with financial institutions through the use of electronic funds transfer upon proper resolution by the Common Council; and WHEREAS, the Council finds that the use of electronic funds transfers for the transactions of certain City business with financial institutions is in the best interest of the citizens of the Civil City of South Bend, Indiana. SECTION I. That during the calendar 1985, the Controller or his designee may invest and reinvest any idle funds of the Civil City of South Bend for such periods of time that he /she determines are not needed for the normal operations of the various departments of the Civil City, in the manner permitted by IC 5- 13 -1 -1, et seq. SECTION II. The Controller of the City of South Bend, or his designee, is hereby authorized to conduct the following transactions with financial institutions through the use of electronic funds transfers: a. Transfer of monies on deposit from one public depository of the City to another. b. Transfer of monies into and between various payroll accounts. C. Transfer of monies for the purchase and redemption of various securities for investment purposes. SECTION III. For purposes of this Resolution, "electronic funds transfer" means any transfer of funds other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, or computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. SECTION IV. The Controller of the City of South Bend, or his designee, is hereby directed and required to maintain adequate documentation of the transactions affected by electronic funds transfer so that they may be audited as provided by law. SECTION V. The City of South Bend, in accordance with IC 4- 8.1 -2 -7 (c), elects to receive distributions from the State of Indiana by means of electronic transfers of funds. SECTION VI. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Michael Vance, Controller, indicated this resolution is pass on an annual basis, allowing the Controller to invest funds earning interest for the City. He indicated the resolution would enable his office to transfer funds using electronic transfer devices from bank to bank. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Paszek. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1266 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTH BEND HUMAN RIGHTS COMMISSION TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND APPLICATION FOR 1985 FAIR HOUSING ASSISTANCE PROGRAM GRANT FUNDS UNDER TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968, AS AMENDED. WHEREAS, the Director of the Human Rights Commission is the City official responsible for the administration of South Bend Indiana's Fair Housing Law as contained in amended Ordinance No. 6635 -79; WHEREAS, the United States Department of Housing and Urban Development has made funds available to States and localities with fair housing laws substantially equivalent to the rights provided in Title VIII of the 1968 Civil Rights Act. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Director of the City of South Bend Human Rights Commission is hereby authorized to submit an application to the United States Department of Housing and Urban Development under the Fair Housing Assistance Program of Title VIII of the 1968 Civil Rights Act. SECTION II. That for every activity, project, or program to be funded under this Resolution, the Director of the Human Rights Commission shall submit to the Common Council an appropriation ordinance prior to expenditure of any Fair Housing Assistance Program funds received upon approval of this application. SECTION III. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council REGULAR MEETING FEBRUARY 25, 1985 A public hearing was held on the resolution at this time. Larry Johnson, Director of Human Rights, indicated that HUD has made available human rights organizations funds designed to assist agencies in the development of their fair housing programs. He indicated that with the Council's authorization the Commission will submit the necessary application to secure the funds. Chris Davey, 766 Country Club Lane, President of the Board of Realtors, spoke in favor of this resolution. He indicated part of the money from this grant would be used to educate realtors regarding fair housing programs. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AMENDMENTS TO THE URBAN RENEWAL PLAN FOR THE CENTRAL DOWNTOWN URBAN RENEWAL PROJECT, INDIANA R -66. A public hearing was held on the resolution at this time. Ann Kolata, assistant director of Redevelopment, indicated this resolution would add a parcel of land at Main and Western to the Downtown Urban Renewal Plan. Council Member Taylor recommended to the Council that because of the controversy, the Council should not make any decision on this tonight. He made a motion to continue public hearing on this resolution until March 11, seconded by Council Member Serge. The motion carried. BILLS, FIRST READING BILL NO. 10 -85 A BILL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING DEFERRED COMPENSATION PLAN(S) This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing March 25, and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. NEW BUSINESS Council Member Taylor made a motion to set the second meeting in April, April 29, seconded by Council Member Serge. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 7:50 p.m. ATTEST: City Clerk APPROVED: resident